Federal High Court in Lagos has ordered former Delta State governor Ifeanyi Okowa to disclose how over N200 billion public funds collected by the government of Delta State from the Universal Basic Education Commission (UBEC) funds and allocations from the Federation Accounts was expended.
Justice Daniel Osiagor, who made the order, also directed the current governor of Delta State, Sheriff Oborevwori, to disclose budgetary allocations and actual spending by the Okowa government between 2015 and 2019, including specific projects carried out to improve primary education in Delta State and the locations of such projects.
The judge granted the orders, while delivering judgement in a Freedom of Information filed by Socio-Economic Rights and Accountability Project (SERAP).
SERAP instituted the suit after the case of seven-year-old Success Adegor, who was sent home because her parents could not pay the illegal school fee/levy of N900 and the poor quality of her Okotie-Eboh Primary School became public knowledge.
Miss Success had, in a viral video in March 2019, said, “No be say I no go pay, dem go flog, flog, flog, dem go tire.”
In his judgment, Justice Osiagor held that SERAP (applicant) has the cognisable legal right to inquire and know how public institutions manage public funds.
The court also stated that every citizen must demand transparency and accountability in the governance of public institutions.
Justice Osiagor further questioned why a request for details of disbursement and spending of public funds between 2015 and 2019 by Delta State would be a cause of litigation for four years?
He stated that public officials are fast developing a state of anomie and cold feet when confronted with requests for audit reports of public duties and budgets.
Justice Osiagor also ordered the Delta State government to disclose how the Okowa government spent over N7.28 billion received from UBEC between 2015 and 2017, and N213 billion received from the Federation Accounts Allocation Committee (FAAC) in 2018, at an average of N17.8 billion monthly.
The court further directed the government to disclose details of the primary schools that have benefited from the projects carried out on access to free and quality primary education in Delta State, and information on indirect costs, including uniforms, exercise books, and transport costs to students and their parents.
The judge also ordered the government to disclose specific steps Delta State Government is taking to improve the overall welfare of children across Delta State, including details of the government’s fee-free programme, if any, across primary schools in Delta State.
Justice Osiagor had earlier dismissed all the objections raised by the Delta State government, Universal Basic Education Commission [UBEC] and the Delta State Universal Basic Education Board and upheld SERAP’s arguments.
The judge had further maintained that SERAP’s application cures so much disinformation in the public space and that the request also falls within the categories of records accessible by the public.
The court held, “however, public institutions are becoming increasingly hysterical upon any request served on them for information bordering on accountability.
“The arguments of the Delta State government and the Delta State Universal Basic Education Board (SUBEB) that the Freedom of Information Act applies to only Federal Government officials cannot be sustained as public institutions are defined in Section 31 of the Interpretation section to include State institutions.
“Besides, any State Freedom of Information Law that runs contrary to the Federal legislation to the extent of the inconsistency shall be void. See Section 4(5) of the Constitution of Nigeria, 1999 [as amended]. The National Assembly’s legislative powers are for the peace, order and good government of Nigeria.
“The Delta State government’s reliance on the Delta State Freedom of Information Law, 2019, is inappropriate in this case. The retrospective application of the Delta State piece of legislation is hollow as it cannot divest the vested rights of SERAP.
“The Freedom of Information Act was the only legislation applying to Delta before they filed this suit by SERAP by the doctrine of covering the field. I am not unmindful of the concurrent powers of legislation between the Federal and State legislatures. There is, therefore, no feature depriving this court of jurisdiction.
“Besides, the Delta State procedural step is inapplicable as it did not exist when this cause of action arose. I, therefore, hold that SERAP has effectively triggered the application of the Freedom of Information Act by their letters of April 2019 placing demands for information from the Delta State government.
“The Freedom of Information Act is a liberalised piece of legislation that did not place a burden on an Applicant but rather, to the contrary, places a burden on the public institution/official that the request is forwarded to. See Section 1[2] of the Act, which provides: ‘an applicant under this Act needs not to demonstrate any specific interest.
“The piece of legislation, therefore, clothed SERAP with the firm ground to apply and demand the Delta State government to within seven days respond to the request. For all I have been postulating herein, I find merit in the application by SERAP and grant all the reliefs as sought.
“The Delta State government and the Delta State Universal Basic Education Board neither responded to the letters by SERAP nor complied with the demands, hence this action for mandamus to compel them under the Freedom of Information Act.
“SERAP’s action, therefore, puts the provisions of the Freedom of Information Act to a litmus test regarding the right of an NGO to seek and obtain information from the public archives or records.
“The Freedom of Information Act should be commendable in this Democratic dispensation as its implementation becomes a derivative action underpinning Section 39 of the Constitution of Nigeria, 1999 [as amended] of the freedom of expression and holding opinions.
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